(1) Notwithstanding anything contained in Powm fo pmmi th is Act, the State Government may by notification bq ~9 .f in the Gazette, direct that in any specified trade or wughts only 'or !
class of trades no transaction, dealing or contractmres shall be made or had, except by weight only, or only 'n ccrexcept by measbre only. , ' * bincaw.
(2)- A notification issued under this sectioh shall take effect in such area, with effect from such date and subject to such conditions, if any, as may specified therein.
CHAPTER 111 VWFICATION S T ~ I N G OF WEIGHTS AND MEASURES
9. Every weight or measure manufactured for M* of use as a commercial weight or measure shall bear the deaormnrt lions on description of the weight or measure which it pur- cot-nmrccd ports, to be marked IegibIeon it in such manner as,, may be prescribed.
32 THE ORESA WEIGHTS AND MEASURES : [Or. Act [Sets. 10-,151 Prohibitions of rdo of 10. No commercial weight or measure or weighmt,w+ ing or measuring instrument shdl be sold or delivered ?&;=: unless it has been verified or re-verified in accordance mess-. with the rules and stamped in the prescribed manner by an Inspector with stamp of verification.
Prohibition of use of
11. N o weight or measure or weighing or lreasur- ,,mpd ing instruments shall be used in transactions ic trade commercial or commerce unless it has been velified or re-verified weights or ,,,,,. in-accordance with the rules and stamped in the prescribed manner by an Inspector, with a stamp cf verijication.
Power of State
12. Where the size of a commercial weight or Govcmrnent measure renders it impracticabIe to have any deoot o a m p t - mination marked on it under the provisions of sectiog 9 'or to be stamped under fhe provisions of section 10 or section 13, the State Government may, by notification in the Gazette, exempt such weights or measures from being so stamped.
Prohibition of IMIuu~~G '[13. No person in course of trade or business turpetc. shall manufacture, repair or sell any commercial = Z n d weight or measure or any weighing or measuring ~ t n o u t instrument unless he has obtained in the prescribed Lima. manner a licence in this behalf from the State Government or any Officer authodsed by such Government.]
Markina of ~ c n g h t s or 14. NO person shall sell, offer for sale, expose masumon for sale or have in his possession for sale, any article -lad contained in a sealed package or container unless containtrs.
such package or container bears thereon, or on a label securely attached thereto, a description of the net weight or measere of the article crntained therein :
2[Provided that the provisions of this sectjon shall not apply to any article which is not ordinarily sold by weight or measure.]
~ ~ p o i d t ment 3 [ ~ 5 ( I ) The State Government may appoint a ofContrdlm Conmer, an Additional Controller and a Joint & controller of Weights and Measures for the State and and their as many Deputy Control!ers, Assistant Controllers, =ySd Inspectors and Senior Inspectors of Weights and --
1. Subshted hy the Orissa Weights and Mcasurcs @dommat) (Amendment ) Act, I959 (Or. Act 13 or 1959), s. 2.
2 Added by ibid, d, 3-
3. subEtitukd by the Oriua We'kbts and Mmsurcs ( E n f m e n t ) (Amendmeat) Act, 1969 (Or, Act 7 of 1969), s. 3- .
20 of 19581 ( E N F O R C ~ ) ACT, I958 (Sets. 16-17) Measures as may be neassary for the purposes of this Act; and the authorities so appointed shall exercise the powers and discharge the duties conferred or imposed on them by or under this Act.
(2) The local jurisdiction of the Inspectors shall be such as the State Government may, by general or special order, specify in that behalf.
(3) Subject to the provisions of this Act t h e Additional Controller, the Joht Controller and a11 Deputy Controllers, Assistant Controllers and Inspectors shall be subject to the general superintendence and control of the Controller.
(4) The Controller, the Additional Controller, the Joint Con.troller, Deputy Controllers and Assistant Controllers may, in addition to the powers and duties conferred or imposed on them, exercise any power and discharge any duty conferred or imposed on the Inspectors.]
f nspector.s 16. Every Inspector shall forthwith on his toenter into appointment enter jnto a rmgnkance with the State ~ w i z a n c e .
Government i n such sum as may be prescribed for thc due performance of the duties of his oEce, fox the due payment at the time and in the manner required by the State Government of all moneys received by him under this Act and for the safety of the secondary and working standards, if any, and of the stamps and appliances for verification committed to his charge and for their due surrender immediately on his ceasing to hoId ofice.
Vdfcatlon 17. (1) Every Inspector shall, far the purpose of ,a stampine ve*catioa of weights -and measures and weighingby Inspecand measuring instruments, attend at such places and tors, time within his jurisdiction as may be appointed in this behalf by the Controller.
(2) The Inspector shall verify every weight or measure or weighing or measuring instrument which is brought to him for the purpose of verification and if he k d s such weight or measure or weighing or measuring instrument correct and in conformity with 89of1936 the Standards of Weights and Measures Act, 1956, and the ml& made thereunder, he shall stamp the same with a stamp of verification in the prescribed manner.
34 ORISSA WE~OBTS AND MEASURES [Or. Act (Sec. 18) P.OWW to 18. (1) An Inspector may, within the area under Inap'p his jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for -trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a secondary oi working standard or. weighing or measuring instrument prescribed for the purpose,
(2) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction.
(3) An Inspector may, at d reasonable times, require any trade or any employee or agent of a trader to produce before him for inspection all weights, measures, weighing and measuring instruments which are used by him or are in his possession or are -kept on. any premises used for trade and all documents and records relating thereto and such trader, employee or agent shall comply with such requirements.
(4) An Inspector may seize and detain any weight or measure or weighing or measuring instnrment regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of, such an offen=, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents or records' -relating thereto.
(5) Where an Inspector has reasons to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may break open the sealed package or container and verify its contents and if, on such verification, the net weight or measure of the article is found to be correct, the Inspector, shatI re-seal the package or container where it is possible so to do without injury to the contents thereof and attach a certificate thereto stating the mfl:ect weight or measure of the article, but if, on the other hand, the net weight or measure of 24) 01 19581 (ENFORCEMBNT ) ACT, 1958 35 (Secs. 19-22) article is found to be incorrect, the Tnspector may seize and detain the package or container and the article cont aioed therein.
(6) For the purpose of such inspection, an Inspector may, at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept fox use in transae tions for trade or commerce and inspect such weights and measures and weighing and measuring instruments.
19. m e r e it appears to the State Government power or desirable that an Inspector should be allowed in anyZ;:ybtrn area to adjust the weights or measures or weigh- w e i a u or ing or measuring instruments, they may, if they -.
think fit, authorise such Inspector to adjust weights and measures or such instruments accordingly.
' f 20. The Controller, the Additional Controller, the Conuoller, Joint Controller and enry Deputy Controller, Assist- Sb'$ ant Controller and Inspector shall be deemed to be public servants within the meaning of section 21 of 45 ISM) the Indiaq Penal Code.]